Golf Tailor, LLC v. GolfBestBuy Inc. et al

Filing 51

ORDER granting Defendants' 24 Second Motion to Dismiss, or in the alternative, Request to Transfer to Northern District of California; This case is TRANSFERRED to the United States District Court for the Northern District of California, signed by Judge Robert S. Lasnik. (SWT)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 GOLF TAILOR LLC, an Oklahoma limited liability company, 10 Plaintiff, 11 12 13 14 15 v. GOLFBESTBUY INC., a California corporation; KINGSTAR CORPORATION a/k/a DONGGUAN CITY HUANDA SPORTS EQUIPMENT CO. LTD., a Chinese corporation, and JONATHAN H. WANG, a/k/a WANG BENHUAN, and JANE DOE WANG, and the marital community composed therein, Civil Action No. 2-16-cv-01203-RSL ORDER GRANTING DEFENDANTS GOLFBESTBUY INC. AND JONATHAN WANG’S REQUEST TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 Defendants. 17 18 19 This matter came before the Court on Defendants GolfBestBuy Inc. and Jonathan Wang’s 20 (collectively “Defendants”) Second Motion to Dismiss or, in the alternative, request to transfer 21 this case to the United States District Court for the Northern District of California under 28 22 U.S.C. § 1404(a) (Dkt. ## 24, 45). Having reviewed the Motion and request, all papers filed in 23 support of and in response thereto, and having heard the argument of counsel, the Court makes 24 the following findings: 25 26 1. Three cases with factual issues, parties, and claims that overlap with the factual issues, parties, and claims in this matter have been consolidated in the United States District ORDER GRANTING REQUEST TO TRANSFER – 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Court for the Northern District of California in Case No. 3:17-cv-00898, Wang v. Golf Tailor, LLC. 2. This matter might have originally been brought in the United States District Court for the Northern District of California as Defendants are residents of California and are located in that district. 3. The public and private interests that must be considered in determining whether to transfer this matter under 28 U.S.C. § 1404(a) weigh in favor of transferring this case to the United States District Court for the Northern District of California. Therefore, being fully advised in the premises, now, it is ORDERED that: A. For the convenience of the parties and witnesses, in the interest of justice, Defendants’ request to transfer this case to the United States District Court for the Northern District of California pursuant to 28 U.S.C. § 1404(a) is GRANTED; and B. This case is TRANSFERRED to the United States District Court for the Northern District of California. C. This transfer expressly includes defendant Kingstar Corporation, a/k/a Dongguan City Huanda Sports Equipment Co. Ltd., a Chinese corporation (“Kingstar”). If and when service on Kingstar is completed, Kingstar shall proceed in the United States District Court for the Northern District of California as if this case had originally been filed in that court. Nothing in this Order is intended to require Golf Tailor to restart Hague Convention service on Kingstar. 20 21 DATED this 22nd day of June, 2017. 22 23 A Robert S. Lasnik 24 United States District Judge 25 26 ORDER GRANTING REQUEST TO TRANSFER – 2 1 Presented by: 2 3 By: s/Holly M. Simpkins William C. Rava, WSBA #29948 Holly M. Simpkins, WSBA #33297 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 Email: WRava@perkinscoie.com HSimpkins@perkinscoie.com By: s/Barrington Dyer Barrington Dyer (pro hac vice) Fabio Marino (pro hac vice) McDermott Will & Emery 275 Middlefield Road, Suite 100 Menlo Park, CA 94025 Telephone: (650) 815-7605 Email: bdyer@mwe.com fmarino@mwe.com 4 5 6 7 8 9 10 11 12 13 14 Attorneys for Defendants GolfBestBuy Inc. and Jonathan Wang 15 16 17 18 19 20 21 22 23 24 25 By: s/Michael G. Atkins Michael G. Atkins WSBA# 26026 Atkins Intellectual Property, PLLC 113 Cherry Street #18483 Seattle, WA 98104-2205 Telephone: (206) 628-0983 Email: mike@atkinsip.com Daniel P. Harris WSBA# 16778 John Mansfield WSBA# 27779 Harris Bricken LLP 600 Stewart Street, Suite 1200 Seattle, WA 98101-1232 Telephone: (206) 224-5657 Email: dan@harrisbricken.com john@harrisbricken.com Attorneys for Plaintiff Golf Tailor, LLC 26 ORDER GRANTING REQUEST TO TRANSFER – 3

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